1. This civil miscellaneous appeal is directed against an appellate order of the court below, which set aside the decree of the trial court and remanded the suit for fresh disposal, in the light of the observations contained in it.

2. The suit was for partition and recovery of the plaintiff's one-third share in the schedule properties. According to the plaintiff, the community of Embrandiri Brahmins to which the parties belonged was governed by the Mitakshara Hindu Law; so the plaintiff was entitled to an equal share along with his two brothers the defendants 1 and 2. The 1st defendant who was the eldest of the brothers and as such the family Kartha, resisted the plaintiff's claim on the basis inter alia that the parties were Malayali Brahmins forming members of an illom governed by the Madras Nambudiri Act, 21 of 1933 and the properties of the illom could be partitioned, if at all, only under the provisions of that Act. He contended, that in this view the remaining members of the illom, viz., his wife and five children were necessary parties to the suit. The 2nd defendant supported the plaintiff's case and claimed division for himself The question of the personal law go